Genetically Modified IP Launched

Kristen Philipkoski
02.09.05

Tobacco leaves show the activity of transferred genes using GUSPlus, a method of visualizing where genes are and what they do. The technology is one of the first released under an open-source biology license provided by BIOS in Australia.

A paper appearing in this week's edition of Nature is antiseptically entitled: "Gene transfer to plants by diverse species of bacteria." But the information that lies within may herald a revolution in biology.

The paper describes two new technologies: TransBacter, a method for transferring genes to plants, and GUSPlus, a method of visualizing where the genes are and what they do. Behind the research, which was funded by the Rockefeller Foundation, is a team of scientists who want to provide the technologies as a "kernel," modeled on the Linux movement, as the beginning of perhaps the first practical offering in open-source biology.

Researchers who want to develop technologies based on this kernel can use it as they wish if they agree to a flexible license issued by Biological Innovation for Open Society, or BIOS. The initiative is being spearheaded by Richard Jefferson, also founder of Cambia, an agricultural life science institute in Canberra, Australia.

"My own hope is that seriously disadvantaged people who have a sense of disenfranchisement and neglect can take great heart from our work, and ultimately can find means to dig out of poverty and despair," Jefferson said. "There are millions of creative people who must be crushed to find they have no means to leverage their commitment into advancing their well-being and quality of life."

But how will poor farmers benefit from a technology published in a fancy science journal like Nature? Jefferson calls it "representational technocracy."

In other words, local entrepreneurs, universities and other institutions in impoverished locales need to get on board with BIOS for Jefferson's open-source biology plan to work. He hopes the initiative will help new enterprises, as well as existing nonprofit organizations charged with improving conditions in poor nations, to take advantage of the BIOS program.

"(Institutions in the public sector) need to be much more effective, and the BIOS initiative will (help them) do that," Jefferson said. "Ultimately, as broadband expands, more and more decentralized participation can be envisioned."

For the vision to become reality, BIOS plans to reach out to these entities with its BioForge website, which it launched Wednesday. Scientists can deposit and obtain scientific information on the site.

The open-source biology movement has been bubbling to the surface for years, and enthusiasts are heartened by the first technologies finally becoming available.

"This is important, fundamental agricultural technology moving into the commons," said John Wilbanks, executive director of Science Commons, a group working to make it easier, and legal, to share scientific data. "This is the type of tool that, in increasing numbers, is being patented. To use the operating system metaphor, this is Print-F for plant genomics. Imagine trying to build any piece of software if the print function required a patent license."

The biotech industry is officially not opposed to open-source biology projects, and is interested in studying them further, said Lisa Dry, a spokeswoman for the Biotechnology Industry Organization. Dry also pointed out that infrastructure, not patent licenses, are often the impediment for implementing new technologies in developing countries.

"The judicial system, the culture, the regulatory regime ... there are many hurdles to overcome before you even get to the question of, 'Is intellectual property an issue here?'" Dry said.

Jefferson is interested in seeing small-time farmers, rather than big companies, benefit from his efforts. And it seems logical that agricultural biotech companies like Dow Chemical and Monsanto, whose business plans are centered on patent protection for genetically modified plants, would not welcome the concept of open-source technology relating to genetically modified crops. Monsanto has brought several lawsuits against farmers for using their technology without a license. (A Monsanto representative referred inquiries for this story to BIOS.)

But Jefferson says he has had "fairly productive" conversations with agri-biotech executives, and he believes there is a way they can actually make money by adopted the BIOS approach, at least for developing some technologies.

"Even large companies, if they embrace a very different business model, can make serious money -- probably more than current earnings -- by decreasing costs of accessing technology, litigation and developing early-stage innovation," Jefferson said.

The companies will likely need to see a clear synergy in order to invest, said Stephen Maurer, an attorney and lecturer with the Goldman School of Public Policy at the University of California at Berkeley, who proposed an open-source approach for developing tropical disease drugs in a paper published in the December issue of the Public Library of Science.

"IBM funds open-source software," Maurer said. "Why? Because IBM sells hardware. You have to tell the same story about why people out in the world would invest in research to develop this kernel."